IDEA 2004: Building the Legacy
Part C (birth - 2 years old)
Note: This document has been delivered to the Office of the Federal Register but has not yet been scheduled for publication. The official version of this document is the document that is published in the Federal Register.
Thus, specifying activities that would constitute
reasonable efforts under §303.442(b)(4) in all cases is not
Comment: Several commenters suggested that §303.442(b)(4)
is incompatible with the nature of the Part C program because dismissing a case when a parent does not agree to participate in a resolution session may establish an adversarial relationship between the parents and the lead agency.
Discussion: Section 303.442(b)(4) provides that when a parent does not participate in the resolution meeting,
despite the lead agency’s reasonable efforts to persuade
the parent to participate (which efforts must be documented), the lead agency may request that the hearing officer dismiss the due process complaint. Although this section provides the lead agency with the option to request dismissal, the lead agency is not required to request a dismissal and may agree instead to an extension of the time to conduct a resolution meeting in order for the parties to continue mediation efforts. Additionally, it is the due process hearing officer who determines whether dismissal of the due process complaint is warranted, based not only on
the lead agency’s request, if one is made, but also based